People v Silvestry, 11 NY3d 902 (2009)

2009 NY Slip Op 00092 [11 NY3d 902]
January 13, 2009
Court of Appeals

[*1]

The People of the State of New York, Appellant,
v
Elvis Silvestry, Respondent.

Decided January 13, 2009

People v Silvestry, 50 AD3d 931, affirmed.

{**11 NY3d at 902} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Whether the circumstances of a particular case rise to the level of reasonable suspicion is a mixed question of law and fact, beyond our review if the determination is supported by the record. Here record evidence supports the lower courts’ determination that the [*2]police lacked such suspicion (People v De Bour, 40 NY2d 210 [1976]).

The People’s other contentions lack merit.

Acting Chief Judge Ciparick and Judges Graffeo, Read, Smith, Pigott and Jones concur.{**11 NY3d at 903}

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.